[MI] How do I update a Lady Bird deed that lists multiple beneficiaries in a way that doesn’t reflect my intent?

Lexi, Chatbot

I understand the importance of ensuring your intentions are accurately reflected in legal documents. Have you discussed this issue with a lawyer yet?

Lexi, Chatbot

Are you looking to revise the Lady Bird Deed to reflect your intended beneficiaries in the correct order?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with your Lady Bird Deed.

Barrister

Hello and welcome to the site. My name is Barrister, and I am a licensed attorney. I know your question is important, and there may be a short delay in my responses as I am assisting multiple customers.

Because the deed lists two beneficiaries, that means both individuals would inherit the property equally upon your passing. Listing one person first and another second does not create a primary and secondary beneficiary structure. Both names listed would receive ownership interests.

Barrister

Since the deed does not accomplish what you intended, you would need to revoke or supersede it under Michigan law.

In Michigan, a Lady Bird Deed (Enhanced Life Estate Deed) is revocable during the grantor’s lifetime because the grantor retains the power to sell, convey, or otherwise dispose of the property. You can undo the existing deed in one of two commonly accepted ways:

1. Record a Revocation of Deed with the county Register of Deeds where the property is located, expressly revoking the previously recorded Lady Bird Deed; or
2. Record a new deed (often a quitclaim deed) from yourself as grantor back to yourself individually, or to a different grantee. Recording a later, inconsistent deed generally extinguishes the earlier Lady Bird Deed because it exercises the retained power to convey.

Michigan recognizes Lady Bird Deeds through case law and practice rather than a specific statute, but their revocability flows from general property law principles and MCL 565.1 et seq., which governs conveyances of real estate. Because the enhanced life estate reserves the right to revoke or convey, recording a subsequent deed is legally effective to void the prior one.

If your actual goal is for your fiancée to have use of the home for her lifetime, with the property then passing to your nephew, a Lady Bird Deed is often not the best tool. Michigan law does not allow a Lady Bird Deed to cleanly create successive life estates with remainder interests in the way you are describing without risking ambiguity or unintended consequences.

In that situation, a trust is usually the more appropriate vehicle. Under the Michigan Trust Code (MCL 700.7101 et seq.), you could create a trust that:

• Grants your fiancée a lifetime right to occupy or use the property, and
• Clearly designates your nephew as the remainder beneficiary after her death.

Transferring the house into the trust by deed allows the trust terms to control possession, maintenance, and ultimate distribution in a way that is far more precise and enforceable than trying to layer interests through deeds alone.

Given the recording and estate-planning implications, it would be wise to work with a Michigan real estate or estate-planning attorney to ensure the revocation is properly recorded and the new structure is implemented correctly.

Barrister

I do not know. I am not an employee of eForms; I am an independent attorney.

Barrister

A life tenant agreement between you and your fiancée could be sufficient. A written will granting your fiancée a life estate would also work if the current deed is revoked.

Submitting a new Lady Bird Deed with only one beneficiary would also achieve your goal. I cannot confirm whether eForms has the revocation or quitclaim deeds, as I do not work for them.

Barrister

No, you cannot accomplish all of that in a single document. Recording a new deed automatically supersedes the prior deed and revokes it.

Barrister

Glad to help. Be safe.